Wed, Dec 13, 2000 page3

• Prosecutors fret over legislature's questions

  JUSTICE A resolution passed by the legislature to make prosecutor generals attend questioning sessions by the legislature is causing worries about judicial independence

  • By Jou Ying-cheng / STAFF REPORTER
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  The legislature's recent resolution to oblige prosecutor generals to attend its interpellation sessions has caused concern that the independence of criminal investigations may be undermined, according to district prosecutors interviewed by the Taipei Times yesterday.

  The Judicial Committee of the Legislative Yuan on Monday made the resolution that prosecutor generals of all prosecutors' offices, must come to committee sessions to answer legislators' interpellations when invited by the committee to do so.

  Currently, in accordance with established practice, prosecutor generals only attend budget review sessions.

  The resolution says, however, that lawmakers' inquiries to prosecutor generals should only be about general affairs and not involve particular cases under investigation.

  But some doubt whether that stipulation will always be obeyed.

  "They [legislators] may start with general affairs but move on to particular cases," a district prosecutor general said. "Recently, many lawmakers focused on particular cases under investigation [during interpellation in the budget review session]" the prosecutor general said.

  All of the three district prosecutor generals interviewed by the Taipei Times spoke on condition of anonymity.

  Minister of Justice Chen Ding-nan (陳定南) made the same complaint at Monday's Judicial Committee session. He said lawmakers had been asking State Public Prosecutor General Lu Jen-fa (盧仁發) about details of the investigation into the Lafayette frigates procurement case, which are supposed to be secret.

  "When legislators go to particular cases, can you really refuse to answer?" the district prosecutor general asked.

  "If your answer does not satisfy them, they complain that you disrespect the legislature; if you tell too much, you risk breaking the rule which states that details of investigations must not be made public."

  Chen has been standing firm against lawmakers' demands since the last legislative session, saying that such practices would bring legislative interference into the judiciary.

  Dissatisfied with Chen's stance, the Judicial Committee has refused to review the justice ministry's budget since Nov. 30.

  It was not until after the committee reached the resolution on Monday evening that it resumed its review of the justice ministry's budget and passed it quickly.

  Another district prosecutor general said inquiries by legislators would put pressure on prosecutors' investigative work.

  He said it seemed inevitable that some lawmakers would "lobby" for certain cases.

  But KMT Legislator James Chen (陳健治), who spearheaded the resolution, said it was a good thing for prosecutors to feel "pressure."

  "The pressure is to remind them not to infringe human rights," Chen said.

  "From several recent incidents, such as the search of the China Times Express newsroom, there have been signs that prosecutors have abused their power. This can only be prevented by the scrutiny of the legislature."

  He argued that as prosecutors are under the justice ministry, which is under the Executive Yuan, there could be no such problem as the legislature interfering with the judiciary.

  Taiwan Independence Party (建國黨) lawmaker Lee Ching-hsiung (李慶雄) opposed the resolution, however. He said that the justice minister can be held accountable on issues such as human rights and administrative matters and there is no need to ask prosecutor generals to come to the legislature.

  He also said the agreement not to touch particular cases would not constrain lawmakers, "because some particular cases involve partisan interests while lawmakers have their political concerns."

  The first district prosecutor general also said: "If [legislators] can't ask questions about specific cases, there is actually nothing else to inquire about."

  The third district prosecutor general said "We respect their [lawmakers'] decision. Whatever they decide we will just do it. What else can we do?"

  The third prosecutor-general recently came under fire from a legislator for refusing to answer questions from legislators about a specific case.
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